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HomeMy WebLinkAbout200612120835 SEWER EASEMENT 092106Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 200612120835 5 PGS 1211212006 2:49 m 8g36.00 PIERCE COUNTY, PASHINGTON Above this line reserved for recording information. SEWER EASEMENT FAC05-0022 ~ y Reference # (if applicable): N/A Grantor/Borrower: Lakeland South Homes LLC Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: NW/48-20N-5E Assessor's Tax Parcel ID#: 052008-2006 For and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, and for benefits to be derived by the Grantor herein, Grantor, Lakeland South Homes LLC hereby conveys and warrants to the City of Auburn, Grantee herein, a municipal corporation of King County, Washington, its successors and assigns, a perpetual Nonexclusive Easement under, over, through and across the following described real property for the purpose of laying, maintaining, and installing 2927 LF of Sanitary Sewer Main AND APPURTENANCES THEREOF, said real property being described as follows: SEE EXHIBITS "A" AND "B", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. This easement is given under the threat of and in lieu of Eminent Domain. Said Grantee shall have the absolute right, at times as may be necessary, for immediate entry upon said Easement for the purpose of maintenance, inspection, construction, repair or reconstruction of the above improvements without incurring any legal obligation or liability therefore. Said Grantee shall have the absolute right to place any type of driving surface within said Easement deemed necessary by the Grantee. Said document(s) wars u," w: in oord by Pacific Northwest Title aoootntnodation only. it has not been Easement e Pagel of 5 M 10 re effect upOnNe- EXCISE TAX EXEMPT DATE 2'j 'Our Pierce County By~ ttl ~ Auth. Sig Said Grantor shall not in any way block, restrict or impede access and egress to or from said Easement, and/or in any way block, restrict or impede full use of the real property within the above-described Easement by said Grantee for the above-described purposes. No building, wall, rockery, fence, trees or structure of any kind shall be erected or planted, nor shall any fill material be placed within the boundaries of said easement area, without the express written consent of the City. With City permission, Grantor may fence across said Easement and/or along the boundaries of said Easement provided that a gate is constructed in said fence. Said gate shall be of sufficient length and location to allow the Grantee full use of, and access and egress to and from the real property within the above- described Easement. If said gate is to be locked, keys shall be provided to the Grantee. No excavation shall be made within three (3) feet of said water or sewer service facilities and the surface level of the ground within the easement area shall be maintained at the elevation as currently existing. Grantor additionally grants to the City, the use of such additional area immediately adjacent to said easement area as shall be required for the construction, reconstruction, maintenance and operation of said water or sewer facilities. The use of such additional area shall be held to a reasonable minimum and in the case of any damage or disruption of the premises, the City shall return the property to a condition as reasonably comparable to its condition as it existed immediately before entry and/or work was made thereon by the City or its agents. In addition to the other restrictions herein, Grantor shall not convey to a third party any easement or other right of usage in the property that would impair or limit the City's use of the easement area. This Easement shall be a covenant running with the above-described real property and burden said real estate, and shall be binding on the successors, heirs and assigns of all parties hereto. Easement Page 2 of 5 IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officer(s) this,) day of / 1 2006. ff'w~ Aut rrize ignature Authorized Signature oyd~ w hYl6 6-7 is/are the person(s) who appeared before me, and said person(s) acknoWedged that he/she/they signed this instrument on oath stated that he/she/they was/were authorized to execute the instrument and acknowledge as orized ftni' of /Arelal?d Sou-'h. If~~nes L.l G t+rtt1 a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated q bq 1 l)G (~p YI rl I LeOrl` iding at lvlp_ appointment MBAlb File: #1058A REF. H:\Development\Fotms\Legal Documents\2006 Easement Page 3 of 5 CORE DESIGN, INC. BELLEVUE WA 98007 Core Project No. 03003 8/17/06 LEGAL DESCRIPTION - SANITARY SEWER EASEMENT A strip of land 15.00 feet in width over a portion of the northwest quarter of Section 8, Township 20 North, Range 5 East of the Willamette Meridian, in the City of Auburn, Pierce County, Washington, said strip having 7.50 feet on each side of the following described centerline: COMMENCING at the northwest section comer of said section 8, said comer being on the easterly right-of-way margin of Lakeland Hills Way as conveyed to the City of Auburn by dead recorded under A.F.N. 200210070331; thence N87°29'19"E, along the north line of said section 8 and said easterly margin, 5.23 feet; thence S01°42`58 W, along said easterly margin, a distance of 0.15 feet to a point of tangency with a 695.00 foot radius curve to the left; thence southerly, along said east margin and curve, through a central angle of 04032`58", a distance of 55.18 feet to the POINT OF BEGINNING of the herein described centerline; thence 888034'24"E 7.39 feet; thence S15°2627"E 36.53 feet; thence 855°36"21"E 151.19 feet; thence 800040'06"W 354.38 feet; thence N87" 12'28'E 258.18 feet to Point "A"; thence N83056'59"E 27431 feet to Point "B% thence N84°30'18"E 361.57 feet; thence N47015'32"E 135.86 feet; thence N23°03'53"E 58.29 feet; thence N0W4535"E 194.19 feet; thence N45°49'59*W 98.37 feet; thence N82'05'30"W 92.68 feet; AND BEGINNING at Point "A% thence N00°47'10"W 370.81 feet; AND BEGINNING at Point "B"; thence N00056'31"W 314.11 feet to Point "C"; thence continuing N00°55'31"W 83.44 feet; AND BEGINNING at Point "C"; thence N88052'14"E 211.15 feet to the terminus of the herein described centerline; The sidelines of the herein described strip of land shall be lengthened or shortened, as required, to intersect at all interior and exterior angle points and said easterly right-of-way margin of Lakeland Hills Way. Easement Page 4 of 5 rV ~ s . . .l. PT 3 P ?5` SE'WR EASEMENT TO THE CITY OF AUBURN >•-tea Isa rtNwlrr WA+ Ne9'$A W ,yvx` ;hy .GME`tsr W 10 VF 1-ily or AUDAW ply / 5TA➢. W OMM7- N01'§~"_:H7~ .^flf A C dtYJ ix U3Jt 3177t? E~ n x \ \ HILLS WAY ✓ '~"7~ SUlk"_E: V + i5G' LAKE AND ME PARCEL t, AREA 20 5047ARY MWER EASE'MPit 5XH+.BIT St1F1 Iht ^~rzl 3 n1C~i 3 +Y W 'it SfVGF ti- /PE3tG(! d2.t kF #ll':Fa 1i sbS l3~.m. 't~G IN✓P''F 4:N4 fl[A 4!.'tN:i $Liy v'yi \f~: Easement Page 5 of 5